Regarding 221 g filing new petition with new employer

[Abhiyog]

Hi All,
My Case is as below.
I am in India.
I have filled for a h1b visa with an Employer A It got selected in the lottery and I went for the stamping and Got 221 g which is in process.
My current employer in India B now got some opportunities in US for me and he is asking me to transfer h1b or he will be filing new h1b under non cap based on the Employer A petition.
Questions I have in mind are.

1. Can employer B do that?
2. If yes for 1. above how much time it will take.? Or will it cause problems in my current 221 g processing by employer A?
3. While employer B's petition is in process or is finished processing and is waiting for stamping. If i get a mail for 221 g to submit the my passport. Can i still go with employer A to US?
4. If employer B's process is complete can i go for Visa stamping for B will consulate ask me questions regarding 221 g and what should be my answer ?
5. Final question If I go to US with employes B can I switch to Employer A after some time if I am not satisfied with B's job As A's petition is still valid.


I know Too many questions guys.. I am bit confused in the current situation. Please advise me..

[raghvi]

Hi All,
My Case is as below.
I am in India.
I have filled for a h1b visa with an Employer A It got selected in the lottery and I went for the stamping and Got 221 g which is in process.
My current employer in India B now got some opportunities in US for me and he is asking me to transfer h1b or he will be filing new h1b under non cap based on the Employer A petition.
Questions I have in mind are.

1. Can employer B do that?
2. If yes for 1. above how much time it will take.? Or will it cause problems in my current 221 g processing by employer A?
3. While employer B's petition is in process or is finished processing and is waiting for stamping. If i get a mail for 221 g to submit the my passport. Can i still go with employer A to US?
4. If employer B's process is complete can i go for Visa stamping for B will consulate ask me questions regarding 221 g and what should be my answer ?
5. Final question If I go to US with employes B can I switch to Employer A after some time if I am not satisfied with B's job As A's petition is still valid.


I know Too many questions guys.. I am bit confused in the current situation. Please advise me..

1. Yes its possible.
2. 2-4 weeks in premium, 2-4 Months in normal processing.
3. Yes.
4. If you go for B's visa appointment the consulate will most likely ask you to submit a written document withdrawing A's request first.
5. Yes possible, but you got to see why A's petition ended up as 221G? What exactly are the asking ? The same set of questions/documents they will ask when you transfer from B to A while in US.


This is my opinion not legal advice.

[Abhiyog]

1. Yes its possible.
2. 2-4 weeks in premium, 2-4 Months in normal processing.
3. Yes.
4. If you go for B's visa appointment the consulate will most likely ask you to submit a written document withdrawing A's request first.
5. Yes possible, but you got to see why A's petition ended up as 221G? What exactly are the asking ? The same set of questions/documents they will ask when you transfer from B to A while in US.


This is my opinion not legal advice.

Thanks a lot for clearing my confusion Raghvi..
For 4th ... You mean I can get 221g again to submit the letter ?
For 5th ... Employer A has to again process the transfer/new petition ? As I thought they already have the approved petition ... ohhh ok but in 221g ..
So What you think I should wait for 221G to get resolved for A? Or take the new offer from B which I am little hesitating As I think I will be in deadlock .